85R14581 GCB-D
 
  By: Lambert H.B. No. 3409
 
  Substitute the following for H.B. No. 3409:
 
  By:  Minjarez C.S.H.B. No. 3409
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of services and resources to certain
  individuals by a state supported living center and to the creation
  of a schedule of support services a state supported living center
  may provide and procedures for establishing applicable fees for
  those services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.080, Human Resources Code, is
  amended by amending Subsection (b) and adding Subsections (c), (d),
  and (e) to read as follows:
         (b)  Notwithstanding any other law, a state supported living
  center may provide nonresidential services to support an individual
  if[:
               [(1)  the individual:
                     [(A)     is receiving services in a program funded by
  the department;
                     [(B)     meets the eligibility criteria for the
  intermediate care facility for persons with an intellectual
  disability program; and
                     [(C)     resides in the area in which the
  state     supported living center is located; and
               [(2)]  the provision of services to the individual does
  not interfere with the provision of services to a resident of the
  state supported living center.
         (c)  The executive commissioner by rule shall establish:
               (1)  a list of services a state supported living center
  may provide under a contract described by Subsection (a); and
               (2)  procedures for the commission to create, maintain,
  and amend as needed a schedule of fees that a state supported living
  center may charge for a service included in the list described by
  Subdivision (1).
         (d)  In creating a schedule of fees, the commission shall:
               (1)  use the reimbursement rate for the applicable
  service under the Medicaid program; or
               (2)  modify that rate with a written justification for
  the modification and after holding a public hearing on the issue of
  the modification.
         (e)  Notwithstanding Subsection (c), a state supported
  living center, based on negotiations between the center and a
  managed care organization, as defined by Section 533.001,
  Government Code, may charge a fee for a service other than the fee
  provided by the schedule of fees created by the commission under
  this section.
         SECTION 2.  Not later than September 1, 2018, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules listing services a state supported living center
  may provide under a contract and the procedures for the commission
  to create the schedule of fees for those services, as required by
  Section 161.080, Human Resources Code, as amended by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.